Urgent help! left U.S. without AP

Jeffliu

Registered Users (C)
Dear friends,

Urgent help needed for my emergency case.
I am Canada citizen but Chinese who got H1-B visa worked at Indiana U.S. since 2005, my wife worked by TN visa, we started our GC process at Nov 2006(my priority date) and filed I-485 at Aug. 2007 since it was getting current date that time, also, I extended my H1-B at same time, I am still using my H1-B right now., my wife switched her visa from TN to H4 at border for applying I-485, we both applied EAD but not apply AP(BIG MISTAKE), after filing I-485, my company changed the immigration lawyer and we did not got any warning of can not go outside of U.S. without AP.
The problem happened on my wife, she started using EAD from Oct. 2007 after she got it, her company asked her to have a 2 days business to Canada, they thought she is Canadian, should be no problem, we thought the same way for granted, so she flight to Toronto Oct 13, 2008 and when she was back at Oct 14, she was blocked by U.S. Custom at air port. Her H4 expired on Oct. 2007, no AP, EAD could not use for entering US, my wife said she had no place to go back to Canada, so the officer of Custom retained her passport, gave her a one month temporary I 94 form and let her in, and asked my wife to see local Homeland security Department officer in Indianapolis airport at Oct. 28, we went to the there and was told my wife left U.S. during pendency of immigration status change, SHE VIOLATED THE LAW and HER I-485 CASE IS ABEND, we have to wait USCIS give us a interview to deny my wife’s I-485, and my wife has to leave US immediately, the Homeland security extended my wife’s I-94 month by month until we got the interview notice from USCIS.
This is really a big trouble for us, Does anybody know how we can do something about this mass or just wait to die? If USCIS denied my wife’s case, all her GC process need to restart, other thing is she will not be able to work at US(Need EAD or TN visa), she can not apply TN visa again because she has intention of immigration, only can get H4 visa for staying in US, so our life will be totally in other situation just because this mistake that we did not realized.

So, if you have same experience or have some good idea, PLEASE LET’S KNOW!
Really need your help here.
Thank you in advance!


Jeff
 
Jeffliu...I would recommend getting a good immigration attorney immediately; he would be able to help you find some way.

Also, as LucyMO suggested you could try getting H4 visa for your wife..but then she would not be able to work in US.
 
Top